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  5. December

Arun Kumar Mishra vs. State of U.p. Thru. Prin. Secy. U.p. Lucknow and 2 Others

Decided on 27 December 2024• Citation: WRIA/12939/2024• Allahabad High Court
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                                                     Neutral Citation No. - 2024:AHC-LKO:86558
                             Court No. - 13                                       
                             Case :- WRIT - A No. - 12939 of 2024                 
                             Petitioner :- Arun Kumar Mishra                      
                             Respondent :- State Of U.P. Thru. Prin. Secy. U.P. Lucknow And 2 Others
                             Counsel for Petitioner :- Manish Vaish,Anupam Shukla 
                             Counsel for Respondent :- C.S.C.,Utsav Mishra        
                             Hon'ble Rajeev Singh,J.                              
                             1. Heard learned counsel for the petitioner, Sri Aniruddh Singh,
                             learned Standing Counsel and Sri Utsav Mishra, learned
                             counsel for respondent No. 2 & 3.                    
                             2. Learned counsel for the petitioner has submitted that the
                             petitioner had applied against the vacancy advertised by the
                             respondent No.2 for the post of Junior Assistant. In the written
                             examination, the petitioner was declared successful and
                             thereafter, he participated in English and Hindi typing tests. At
                             the time of English typing test, he was suffering from shivering
                             fever and he immediately reported to the In-Charge Officer of
                             the said test. Thereafter, he moved an application on 23
                             December 2024 for getting the benefit of order dated 12
                             December 2024 issued by Examination Controller, Uttar
                             Pradesh Subordinate Services Selection Commission, Lucknow
                             i.e. respondent No.3 with the request that he may be allowed to
                             participate in the typing test which is scheduled to be held on
                             30 December 2024 but till date, no information has been
                             provided to the petitioner by the respondent No.2 and 3 in this
                             regard, therefore, kind indulgence of this Court is required.
                             3. Mr. Utkarsh Mishra, learned counsel appearing for the
                             respondent No.2 & 3 has submitted that the petitioner has
                             already participated in both the typing tests but the claim of the
                             petitioner is that he was suffering with shivering cold at the
                             time of taking English typing test and due to the said ailment,
                             he could not do his test properly and in such circumstances, he
                             may be allowed to participate in the test which is scheduled to
                             be held on 30 December 2024. He further stated that for the
                             purposes related to the medical ailment, as the case of the
                             petitioner is entirely different which is not covered with the
                             conditions of Circular dated 12 December 2024 but he does not
                             dispute that the representation of the petitioner may be
                             considered and decided within 24 hour and the decision thereof
                             would be communicated to the petitioner through WhatsApp on
                             his mobile number - 9919348063, immediately.         

                             4. Considering the submissions of learned counsel for the
                             parties, going through the contents of the writ petition as well
                             other relevant documents, as vide Circular dated 12 December
                             2024, written information was issued by the respondent No.3
                             that in case any candidate is unable to participate in the typing
                             test due to medical ailment, then his case will be considered for
                             allowing him in test, which is scheduled to be held on 30
                             December 2024, as per the case of the petitioner on 21
                             December 2024, he appeared in the English typing test but
                             could not do well due to shivering fever, therefore, this Court
                             feels that the request of the petitioner shall be considered by the
                             respondent No. 2 & 3 sympathetically in the light of the
                             Circular dated 12 December 2024, say, within 24 hours from
                             today and the decision thereof shall be communicated to the
                             petitioner through WhatsApp on his mobile number -   
                             9919348063, immediately.                             
                             5. With the aforesaid direction, the writ petition is disposed of.
                             Order Date :- 27.12.2024                             
                             (Manoj K.)                                           
    Digitally signed by :-                                                        
    MANOJ KUMAR                                                                   
    High Court of Judicature at Allahabad,                                        
    Lucknow Bench